Filcode.com
Home Hosting Services Support Order Online Contacts About Us

 open all | close all


News
Dec.16.05

We are glad to announce our improved Helpdesk Support Center. Register your email now in order to track all future inquiries and trouble tickets.

The forum is back online. You can also subscribe to our RSS feed.


Service Guarantees

99.9 Uptime, 15 DayS Money Back Guarantee and 24/7 Support!
 
Fast. Efficient. Effective. FilcodeChanging the way Philippine web hosting is done
“A good company starts from humble beginning” Company Profile
The Philippines' premium web hosting

INTRODUCTION

This TOS (Terms of Service) is an agreement between Customer and Filcode (“Agreement”) and applies to Customer's account(s) with Filcode. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this website for changes or amendments to this Agreement. Use of Filcode Service constitutes acceptance and agreement to Filcode's TOS. Filcode reserves the right to revise, amend, or modify our TOS and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS. All users of Filcode's Internet services, and their clients, must comply with this TOS.

Last update: 2/18/05

SERVICE AGREEMENT

1. ACCOUNT SETUP

1.1 Setup. We will setup your account after we have received full payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. Accurate information must be given during signup to verify your order.

2. PAYMENT AND INVOICING

2.1 Payment. In consideration of the performance of the services, client shall pay Filcode monthly in advance the amount set forth in Filcode's customer database as such records are amended from time to time for the Services during the term of this Agreement.

2.2. Direct Bank Deposit. Clients who paid through direct bank deposit are required to show proof of deposit. Client shall present a scanned copy of the deposit slip so that we can check our bank record for verification purposes only. In case the Client failed to present any proof of deposit, it is his responsibility to contact Filcode to amend his payment record.

2.3 Notices. Client shall receive a confirmation letter via e-mail at the time Client contracts for the Services, which shall confirm the fees payable to Filcode. Thereafter, Client shall receive a monthly billing statement for the upcoming month. The monthly billing statement shall indicate any changes in fees, which fees shall become effective upon thirty (30) days' notice as set forth in Section 2.4 herein.

2.4 Charges and Liabilities. Client is responsible for all activities and charges resulting from Client's use of the Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. Client acknowledges that no refunds will be given by Filcode in the event that Client's account is terminated by Filcode or Client mid-term. In the event of a breach of security, Client will remain liable for any unauthorized use of the Services until Client notifies Filcode by sending an e-mail with account information to sales@filcode.com.

2.5 Prices. Current rates for using Filcode Internet Services may be obtained on our web site at www.filcode.com. Filcode reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time. In addition, Filcode may institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to Client upon sign up. If Filcode does not receive the full amount of Client's Service account balance within thirty (30) days of invoice date, a late charge equal to 1.5% per month or highest amount allowed by law per month will be added to Client's bill and shall be due and payable. Client shall also be responsible for all attorney and collection fees arising from Filcode's efforts to collect any unpaid balance of Client's account(s), and Filcode may terminate Client's account immediately without further notice to Client.

2.6 Price Freeze. The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Filcode, and the right to increase the amount of resources given to plans at any time.

3. RESPONSIBILITIES OF FILCODE

3.1 Performance. Filcode shall provide Client with the Filcode hosting services, as described at www.filcode.com hereto. Filcode has the right to control and direct the means, manner, and method by which the host services are performed.

3.2 Support. Filcode shall provide a reasonable level of technical support to Client via email or Web page for the term of this Agreement.

3.3 All Rights-managed. Filcode has the right to perform and license products to others during the term of this Agreement. Filcode may elect to electronically monitor the host services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host services and protect its Clients. Filcode reserves the right to block any site hosted by Filcode that contains any content that Filcode deems in its sole discretion to be unacceptable or undesirable.

4. RESPONSIBILITIES OF CLIENTS

4.1 Acceptable Usage Policy. In addition to being responsible for their own actions, each Filcode customer is responsible for the activities of its customer base or end-users and, by accepting service from Filcode, agrees to inform its customers and/or end-users of this TOS (Terms of Service) or its own TOS, which must not be inconsistent with the terms herein. Filcode customers may not misrepresent themselves to be someone they are not. Use of an identity other than one's own (i.e. an alias or identity theft), or use of a stolen or fraudulent credit card, is grounds for immediate termination.

4.2 Clients. Client represents and warrants that (i) Client possesses the legal right and ability to enter into this Agreement, and (ii) the performance of Client's obligations and use of the Services by Client, its customers and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other Filcode Clients' use of Services. (iii) Client assumes all risks related to processing of transactions related to electronic commerce. Client agrees to provide Filcode with accurate, complete and updated information required by the registration of the Filcode host service (Client Registration Data), including Client's legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Client agrees to notify Filcode within thirty (30) days of any changes in Client's Registration Data.

4.3 Breach of Warranties. In the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Filcode will have the right, in its sole discretion, to suspend or terminate immediately any Services.

4.4 Fees and Expenses. Client shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Client and a third-party domain name registrar.

4.4 Third-Party Software. Third-party software available through the Services may be governed by separate end user licenses. By using the Services and the third-party software, Client agrees to be bound by the terms of such end user licenses regarding the applicable third-party software. Client consents and authorizes Filcode to delegate the authorizations Client provides to Filcode to its third party service provider(s) as Filcode deems necessary or desirable to provide the applicable Services. Client agrees that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such third party service providers and such third party service providers are deemed to be third party beneficiaries of the Agreement, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. Client also agrees that all reference to “Filcode” within this Agreement and any incorporated terms are also deemed to include, where applicable, Filcode's agents, such as the third party service providers.

4.5 Advertising, Solicitation, and Client Name Harvesting. Client may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to the Filcode clients or other Internet users unless Client receives the express permission of such individuals. Client may not use the means of unsolicited advertising to advertise a site hosted on the Filcode network. Client may not use the Services to collect or “harvest” user-names of Filcode clients or other Internet users without the expressed prior permission of the member. Filcode reserves the right to block or filter mass email solicitations sent from sites hosted on the Filcode network.

4.6 Management of Site. Client shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this Agreement, Filcode's then-standard TOS (Terms of Service) and any generally applicable guidelines and service standards published by Filcode. Client warrants that its site hosted on the Filcode network (i) will conform to the Filcode TOS, (ii) will not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule or regulation. Filcode shall have no obligations with respect to the content available on or through any site hosted on the Filcode network, including, but not limited to, any duty to review or monitor any such content. Filcode reserves the right to block any site that violates any of the above-stated terms, or which in Filcode's sole discretion, Filcode deems objectionable or offensive, or otherwise violates a law or Filcode policy, or, in the alternative, to terminate this Agreement in accordance with Section 7.4 herein.

4.7 Compliance Laws. Client agrees that it will use the Services only for lawful purposes and in accordance with this Agreement. Client will comply at all times with all applicable laws and regulations and the TOS, as updated by Filcode from time to time.

4.8 Proprietary Rights. Unless otherwise specified, all work performed hereunder, is the property of Filcode, and all title and interest therein shall vest in Filcode. To the extent that title to any such works may not, by operation of law, vest in Filcode all rights, title and interest therein are hereby irrevocably assigned to Filcode. All such materials shall belong exclusively to Filcode, and Filcode shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. Client agrees to give Filcode and any person designated by Filcode such reasonable assistance, at Filcode's expense, as is required to perfect the rights defined in this paragraph.

4.9 Marketing Rights. Client agrees that Filcode may refer to Client, or Client's business in Filcode marketing materials, the Filcode website, and communication to Filcode's current and prospective clients. Client grants Filcode a limited license and permission to use any Client trade name and/or trademark for such, and only for such, purposes.

5. PROHIBITED USE

5.1 Illegal Use. Filcode's services are only to be used for lawful purposes. Customers may not transmit, retransmit or store material in violation of any federal or state laws or regulations, including, but not limited to, obscenity, indecency, defamation or material infringing trademarks or copyrights. Filcode customers may not abuse or fraudulently use Filcode products and services, nor allow nor permit such use by others.

5.2 Child Pornography. It is illegal under Federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, sexually explicit visual depiction of children.

5.3 Abuse. The following general actions are considered “abuse” and are prohibited:

 

i. General: Any conduct which is inconsistent with generally accepted norms and expectations of the Internet community (whether or not detailed in this TOS). Filcode reserves the right, in its sole discretion, to make a determination whether any particular conduct violates such norms and expectations

ii. Distribution of Viruses: Intentional or unintentional distribution of software that attempts to cause damage or annoyance to persons, data, or computer systems.

iii. Fraudulent Activities: Intentional misrepresentation or misleading statement or activity made with the intent that the person receiving it will act upon it; or attempting to obtain service by any means with intent to avoid payment (e.g. “phishing”).

iv. Cracking: Attempting to circumvent authentication or security of any host, network, or account.

v. Unauthorized Access to Other Computers, Accounts, or Networks: Attempting to access any computer resource belonging to another party, or attempting to penetrate security measures of other systems, including unauthorized monitoring or scanning of the networks of others.

vi. Network Sabotage: Any use of Filcode products and services to interfere with the use of Internet resources or Filcode's network by other customers.

vii. Pyramid Schemes: A fraudulent system of achieving financial gain which requires an endless stream of recruits for success.

viii. Unlawful Acts: Any use of Filcode products and services to violate the law or in aid of any unlawful act.

5.4 Security Violation. Filcode users are expected configure their systems in a secure manner. Should a user's system be exploited by unauthorized persons, the user is responsible for both reporting the violation (where applicable), as well as fixing the exploited system. (i) Customers may not interfere with services (e.g. a DoS Attack), whether intentionally or through neglect, of any other host, or network. (ii) The prevention of “unintentional attacks”, such as infection by and propagation of computer viruses, are the responsibility of every user. (iii) Users are prohibited from injecting, intentionally or negligently, false or unauthorized network control data into Filcode's network (i.e. in the form of incorrect routing or DNS information).

5.5 Improper use of email and SPAM. Users are prohibited from engaging in improper use or distribution of email. Users are strictly prohibited from engaging in any of the following activities:

i. Sending SPAM for any purpose whatsoever.

ii. Having third parties send out SPAM on any user's behalf (“spamvertizing”).

iii. Using Filcode facilities to receive replies from unsolicited emails (“drop-box” accounts).

iv. Configuring any email server in such a way that it will accept third party emails for forwarding (“open mail relay”). If a site has roaming users who wish to use a common mail server, the mail server must be configured to require some form of user identification and authorization. (E.g. SMTP AUTH)

Filcode reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Filcode also reserves the right to make any such modifications in an emergency at our sole discretion.

Filcode reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Filcode All rights reserved.

5.6 Unacceptable Materials. Clients under shared hosting environment, including resellers and semi-dedicated, may not run IRC bots or clients. BitTorrent seeders, trackers and .torrent files are not allowed. IkonBoard, Proxy scripts, UltimateBBS and CPU-extensive scripts are also not permitted.

5.7 Excessive Resource User Policy. This section is in accordance with section 5.6 herein. Resources are defined as bandwidth and/or processor utilization. A website is considered to be using “Excessive amounts of resources” when it monopolizes the resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. Filcode will be the sole and final arbiter as to what constitutes a violation of this policy.

NOTE: This is applicable on all shared hosting environment, including reseller and semi-dedicated accounts. In case a Client with reseller or semi-dedicated account with us has a customer who violates this policy, it is their responsibility to control the excessive usage of their clients immediately. Failure to comply with this policy will result to suspension of account.

5.8 Exemptions . Clients with dedicated server with us can run any scripts or content as long as it is legal. This includes adult contents and IRC bots/clients.

6. FORCE MAJEURE

6.1 Filcode will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

7. CANCELLATION AND REFUNDS

IMPORTANT NOTICE: There is a small processing fee on all cancellation and refunds.

7.1 Time. Filcode reserves the right to cancel the account at any time.

7.2 Limited 15-day money back guarantee. If the Client is not completely satisfied with our services within the first 15 days of opening an account, the Client may cancel at any time. Filcode gives you an unconditional 15-day money back guarantee on managed shared and reseller hosting. There are no refunds on semi-dedicated and dedicated servers. Refund requests after 15 days will be refunded on a prorated basis of any unused time.

7.3 Termination validity. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up a gain, you will not be eligible for a refund or if you have opened a second account with us.

7.4 No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Services of this Agreement in accordance with its terms.

8. INDEMNIFICATION

8.1 Agreement. Client agrees that it shall defend, indemnify, save and hold Filcode harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Filcode, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Filcode against liabilities arising out of; (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Filcode; (ii) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective products sold to customers from Filcode's server.

9. DISCLAIMER

9.1 Agreement. You agree to use the Services and any information obtained through or from Filcode at your own risk. You acknowledge and agree that Filcode exercises no control over, and accepts no responsibility for, the content of information passing through Filcode's host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. FILCODE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. FILCODE MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. FILCODE EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY FILCODE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY FILCODE PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement.
Go Back
 Copyright 2004 - 2005 Filcode.com